The vote, which had been scheduled for Wednesday, prompted Einhorn to sue Apple to pry some of of the company's $137 billion in cash for investors.

"Apple is a phenomenal company filled with talented people creating iconic products that consumers around the world love," Einhorn said on Feb. 7, when details of his lawsuit were revealed. "However, like many other shareholders, Greenlight is dissatisfied with Apple's capital allocation strategy."

"Our solution is not customary, but we think you will agree that we are presenting the best solution for unlocking the most value for Apple shareholders without impinging in any way on Apple's business plan," Einhorn said.